Skilled workers are part of the third preference employment-based immigrant visa category (EB-3), which is a path to residency in the United States. The EB-3 category is comprised of Skilled Workers, Professionals, and Unskilled/Other Workers. A job offer and PERM labor certification is required for the EB-3, Skilled Workers category.
Skilled workers refer to individuals whose position requires at least two (2) years of training or work experience, which is not of a temporary/seasonal nature. The Skilled Worker must be performing work for which there are no qualified U.S. workers available. Certain post-secondary experience can be considered as training under this category.
A PERM labor certification is required for this category. An approved PERM labor certification, however, does not mean that the foreign national has a green card. Rather, it is the first step in the employment-based permanent residency process. A Labor Certification merely authorizes a foreign national to apply for benefits based on a job offer. Once the U.S. Department of Labor (DOL) approves the labor certification, an I-140 immigrant petition must be filed with the U.S. Department of Homeland Security to qualify the foreign national under the EB-3 category. Once approved, the foreign national must wait until an immigrant visa number is available (i.e. the priority date is current) or, if current, to proceed with an application for permanent residency.
A priority date is the tracking date the U.S. Department of State uses to limit the number of immigrant visas annually.
Please contact Wilson Law Group to schedule a consultation about the Skilled Worker category and how our office can assist you or your business.